Workers' injustice claim dismissed

The Tribunal for the Investigation of Injustices has dismissed 15 applications filed by former loaders with Air Supplies Ltd against the Tourism Ministry and against Air Malta Co. Ltd.

The applications were filed by Emanuel Spiteri, Raymond Spiteri, Joseph Borg, Joseph Bonnici, Consiglio Diacono, Thomas Said, Anthony Spagnol, Anthony Mifsud, Jesmond Delia, Mario Falzon, Anthony Galea, Charlie Fenech, Anthony Barbara, Maurice Caruana and James Mcintyre.

The men claimed they had sustained an injustice when between 1987 and 1988 they were declared to be irregular employees.

They claimed that in 1987 they were employed by Air Supplies, a subsidiary company of Air Malta.

Immediately following the 1987 elections they were told that there was no need for them to stay at work.

However, when they again reported for work on the following day, they were told to go to a hotel administered by Air Malta to work as labourers.

This constituted an injustice, the men claimed, requesting the tribunal to provide them with a remedy.

In its judgments the tribunal, presided by Mr Justice C. Farrugia Sacco, noted that applicants had been employed with Air Supplies in an irregular manner in May, 1987.

An agreement had been reached between the government and the General Workers Union in that year whereby all irregular workers were to be decided upon on a case by case basis.

These irregulars were to be deemed as casual employees until they were given permanent work, and that until such work was found, their work was to be flexible.

Furthermore, the constitution provided that entry into the public service or into a government company had to take place following an examination or after the employment agency was consulted.

There was therefore no doubt that applicants' original employment had been irregular.

The tribunal therefore concluded that applicants had been employed in an irregular manner, and did not therefore enjoy the same rights as regular employees.

No injustice was therefore found to have been sustained.